SSA presumes that the representative will either file a fee petition or waive his or her fee if the representative does not file a fee agreement before the date SSA makes the first favorable determination or decision (hereinafter, we generally refer to both as a "decision") the representative worked toward achieving.
Full Answer
Jul 25, 2012 · On and after, but not before February 28, 2005, SSA withholds Title II and/or Title XVI past-due benefits for direct payment of a fee for administrative proceedings to a non-attorney representative whom SSA has determined is eligible for direct payment (see GN 03920.017B.2.
Feb 04, 2009 · Provisions That Will Not Prevent SSA's Approval Of A Fee Agreement. SSA will not disapprove a fee agreement solely because it contains a provision stating that: The representative has the right to seek review of the amount that otherwise would be the maximum fee under § 206(a)(2)(A) of the Act.
The regulations at 20 C.F.R. §§ 404.1720 and 416.1520 provide that when a third-party entity pays the representative's fee and certain conditions are met, the SSA does not need to authorize the representative's fee. SSA does not need to authorize the fee under the following conditions:
A representative may not file a fee petition for services in a claim if SSA has approved a fee agreement and has authorized a fee under that approved agreement. The fee agreement and the fee petition processes are not interchangeable. A representative may petition for fee approval using the Form SSA-1560-U4, Petition to Obtain Approval of a Fee ...
1. Waiver of all fees from any source . If a representative does not want to charge or collect a fee from any source (including claims decided by a court), the representative must: complete Part III of form SSA-1696-U4 by checking the box ‘Waiving fees from any source’ and providing signature and date; or.
“Your representative has informed us that a third-party is paying your representative's fee. Under our rules, we do not need to authorize your representative's fee when a third-party entity, such as a business, government agency or other organization is paying your representative's fee and neither you nor your auxiliary beneficiaries, if any, are responsible for paying any fees and expenses.
If a representative submits a statement that is unclear, the FO or PC should resolve the issue by calling the representative and documenting the conversation on a Report of Contact (see, Direct Contact by Telephone GN 01070.315 ).
Excess representative fee payments are incorrect or erroneous fee payments that exceed the amount due. Excess fee payments can be the result of processing errors, adjustments, and revised determinations.
When a fee payment error results in no monetary loss to the claimant and the monetary loss to SSA is less than or equal to the user fee, we generally will not pursue recovery from the representative. For additional information regarding the user fee, see GN 03920.019. The following are examples of when we will not pursue recovery:
If the fee we withheld and paid exceeds the authorized fee, refund the excess fee withholding to the claimant.
Use the following sample language to request refund of an excessive fee payment or an erroneous payment to an incorrect representative. See additional sample notices in GN 03970.025C.